Licence Area Plan - Remote Western Australia (Radio) - Variation - March 2004

Overview

The Australian Broadcasting Authority (ABA) has enacted a variation to the licence area plan for radio in Remote Western Australia under subsection 26(2) of the Broadcasting Services Act 1992. This variation, introduced in March 2004, modifies the existing licence area plan that was previously altered in April 2003. The purpose of this legislative instrument is to adjust the coverage area and technical specifications of a community radio broadcasting service, specifically targeting the Cocos Islands. This adjustment aims to ensure that the broadcasting services provided are aligned with the needs of the community in the designated area, enhancing the accessibility and quality of radio services in Remote Western Australia. The ABA, acting as the relevant legislature, seeks to maintain and improve the broadcasting services in accordance with the policy objectives outlined in the Broadcasting Services Act 1992.

Scope and Application

The Variation to Licence Area Plan for Remote Western Australia Radio issued by the Australian Broadcasting Authority in March 2004 amends the licence area plan for radio services in the remote areas of Western Australia. This variation applies specifically to the community radio broadcasting service identified by the service licence number SL1170505, affecting the Cocos Islands area. The variation entails changes to the licence area and the addition of technical specifications for the services provided in this region. The legislation applies to the specified community radio service within the defined licence area and does not extend to other radio services or areas outside the scope of this variation. The Broadcasting Services Act 1992 forms the legislative basis for these variations, and the changes are detailed in attachments to the determination. Notably, this variation does not affect other services or licence areas outside the Cocos Islands.

Key Provisions

The main sections of this legislative instrument pertain to the variation of the licence area plan for radio in Remote Western Australia, particularly affecting the community radio broadcasting service identified by service licence number SL1170505. Under subsection 26(2) of the Broadcasting Services Act 1992, the Australian Broadcasting Authority (ABA) has authorised a variation to the licence area plan (LAP) that was previously altered in April 2003. This variation primarily involves modifying the licence area of the community radio broadcasting service and includes the addition of technical specifications for the services provided. The technical specifications for the new frequency of 102.7 MHz are detailed in Attachment 6.1.1, and the changes are further elaborated in Attachment 6.3. The service will now serve the Cocos Islands with an additional frequency of 102.7 MHz, as outlined in the updated Schedules to the LAP. The obligations and requirements imposed by this legislation mandate that the specified community radio broadcasting service must adhere to the new licence area plan and technical specifications provided. The service must now serve the Cocos Islands with the new frequency of 102.7 MHz, as detailed in the updated Schedules and Attachments. The technical specifications for the transmitter site, including the frequency band, carrier frequency, polarisation, and maximum antenna height, must be strictly followed. Additionally, the service must ensure that its operations comply with the technical planning guidelines referenced in the legislative instrument. The legislative instrument also delineates the consequences for non-compliance with the provisions set forth. While the specific offences, penalties, or civil and criminal consequences for breach are not explicitly stated in this document, it is understood that failure to comply with the Broadcasting Services Act 1992 and the ABA's determinations could result in regulatory actions. These may include fines, penalties, or other enforcement measures as stipulated by the Act. The exact penalties would be determined based on the nature and severity of the breach, as per the broader legal framework governing broadcasting services in Australia.